Kerala High Court
St.Georges Jacobite Syrian Church ... vs Charles Kuriakose on 14 November, 2024
2024:KER:85035
F.A.O No.223/2018
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
THURSDAY, THE 14TH DAY OF NOVEMBER 2024 / 23RD KARTHIKA, 1946
FAO NO. 223 OF 2018
AGAINST THE ORDER DATED 06.12.2017 IN I.A.NO.838/2017
IN OS NO.29 OF 2014 OF THE FIRST ADDITIONAL DISTRICT COURT,
ERNAKULAM AND RENUMBERED AS O.S.NO.8/2018.
APPELLANTS:
1 ST.GEORGE'S JACOBITE SYRIAN CHURCH (WRONGLY DESCRIBED
IN THE PLAINT AS ORTHODOX SYRIAN CHURCH)
(WRONGLY DESCRIBED IN THE PLAINT AS ORTHODOX SYRIAN
CHURCH), MALAPPURAM, NEYYASSERIL VILLAGE, THODUPUZHA
TALUK, IDUKKI DISTRICT, REPRESNTED BY ITS TRUSTEES, (1)
K.J. JOSEPH AND (2) K.V. ABRAHAM.
2 K.P. BABY,
AGED 69 YEARS,
S/O. PAILY, KAKKATTU HOUSE, MULAPPURAM,
NEYYASSERIL VILLAGE, THODUPUZHA TALUK.
3 V.V. PAULOSE,
AGED 64 YEARS,
VENKULATHIL HOUSE, MULAPPURAM KARA,
KARIMANNOOR VILLAGE, THODUPUZHA TALUK,
IDUKKI DISTRICT.
4 BATHEL EDUCATIONAL TRUST.
MULAPPURAM, NEYYASSERIL VILLAGE, THODUPUZHA TALUK,
REPRESENTED BY ITS PRESIDENT, BATHEL EDUCATIONAL TRUST,
MULAPPURAM, NEYYASSERY VILLAGE,
THODUPUZHA TALUK, FR. JOY PARANAL.
5 THE PRESIDENT,
BATHEL EDUCATIONAL TRUST, MULAPPURAM, NEYYASSERY
VILLAGE, THODUPUZHA TALUK, FR. JOY PARANAL.
6 FR. K.V. THOMAS,
AGED 64 YEARS,
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KUPPAMALAPUTHENPURAYIL HOUSE, KARAMALA P.O,
KOOTHATTUKULAM, MUVATTUPUZHA TALUK.
7 FR. JOHN PUTHOORAN,
AGED 54 YEARS,
S/O. JACOB, RESIDING AT PUTHOOR HOUSE, MARKET P.O,
VELLOORKUNNAM VILLAGE, KADAATHI KARA, MUVATTUPUZHA
TALUK.
8 T.C.M.M.U.P. SCHOOL,
MULAPPURAM, REPRESENTED BY THE MANAGER, T.C.M.M. U.P.
SCHOOL, MULAPPURAM P.O, NEYYASSERI VILLAGE, THODUPUZHA
TALUK , FR. JOY PARANAL.
9 K.P. ISSAC,
AGED 57 YEARS,
S/O. PAILY, KAKKATTU HOUSE,
THODUPUZHA KARA, THODUPUZHA VILLAGE
10 V.A. JOHN,
AGED 48 YEARS,
S/O. ABRAHAM, VADAKKEDATH HOUSE,
MULAPPURAM P.O, MULAPPURAM KARA,
NEYYASSERY VILLAGE.
11 T.S. JOHN,
AGED 64 YEARS,
S/O. SKARIA, THARAYANIYIL HOUSE, MULAPPURAM P.O,
MULAPPURAM KARA, NEYYASSERY VILLAGE.
12 M.V. GEORGE,
AGED 61 YEARS,
S/O. VARGHESE, MARAMKANDATHIL HOUSE,
MULAPPURAM P.O, MULAPPURAM KARA,
NEYYASSERY VILLAGE.
13 K.V. MATHEW,
AGED 71 YEARS,
S/O. VARKEY, KOSSERIL HOUSE,
MULAPPURAM KARA, NEYYASSERI VILLAGE.
14 K.V. ABRAHAM,
AGED 67 YEARS,
S/O. VARKEY, KOSSERIL HOUSE,
MULAPPURAM KARA, NEYYASSERI VILLAGE.
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15 K.M. ELIAS,
AGED 64 YEARS,
S/O. MARKOSE, KOONAMMANYIL HOUSE, MANKULAM KARA,
MANKULAM P.O, MANKULAM VILLAGE, DEVIKULAM TALUK.
16 C.S. VARGHESE,
AGED 74 YEARS,
CHATHANATTU HOUSE, MULAPPURAM P.O,
MISSIONKUNNU KARA, NEYYASSERY VILLAGE,
THODUPUZHA TALUK.
17 U.J. ISSAC,
AGED 74 YEARS,
S/O. JOHN, ULLANAKUNNEL, MULAPPURAM P.O,
MULAPPURAM KARA, NEYYASSERY VILLAGE,
THODUPUZHA TALUK.
18 SIJO JACOB,
AGED 39 YEARS,
S/O. JACOB, KOSSERIL HOUSE,
UDUMBANNOOR P.O, UDUMBANNOOR VILLAGE,
THODUPUZHA TALUK.
19 MATHEWS MAR IVANIOS,
BISHOP'S HOUSE, KADACKANAD,
KADAMATOM P.O, ERNAKULAM DISTRICT.
20 BASELIOUS THOMAS -I
CATHOLICOSE, PATRIARCHAL CENTRE, PUTHENCRUZE P.O,
ERNAKULAM DISTRICT.
21 K.J. JOSEPH
AGED 72 YEARS
S/O. JOHN, KUNNUMMEL (H), MULAPPURAM KARA, NEYYASSERIL
VILLAGE, THODUPUZHA TALUK.
BY ADVS.K.J.KURIACHAN
SRI.SUNIL JACOB
RESPONDENTS/ PLAINTIFFS 1, 2 AND DEFENDANTS 2, 5, 11, 12, 14
AND 18:
1 CHARLES KURIAKOSE
S/O. KURIKOSE, AGED 40 YEARS, KALAPPURACKAL HOUSE,
MULAPPURAM KARA, NEYYASSERY VILLAGE,
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THODUPUZHA TALUK, IDUKKI DISTRICT.
2 V.M. PHILIPPACHAN
AGED 49 YEARS, S/O. VARKEY MATHAI,
VAKKANAMPADATHIL HOUSE, MULAPURAM KARA,
NEYYASSERY VILLAGE, THODUPUZHA TALUK
3 FR. JOSPEH VELIYATHUKUDIYIL
AGED 38 YEARS, S/O. VARGHESE, VELIYATHUKUDIYIL HOUSE,
KUNNACKAL P.O, KUNNACKAL VILLAGE, MUVATTUPUZHA TALUK.
4 P.V. JOHN
S/O. VARGHESE, AGED 61 YEARS, PUTHENPURACKAL HOUSE,
THODUPUZHA EAST P.O, THODUPUZHA VILLAGE, THODUPUZHA
TALUK.
5 FR. PHILIP VARGHESE
S/O. VARGHESE, AGED 52 YEARS, VADAKKEPARAMBIL HOUSE,
KADAKKANADU KARA, MAZHUVANNOOR VILLAGE, ERNAKULAM
DISTRICT.
6 MANOJ MATHEW
S/O. MATHAI K.M., AGED 37 YEARS, KAKKATTU HOUSE,
MULAPPURAM P.O, KOTTAKAVALA KARA, NEYYASSERY VILLAGE,
THODUPUZHA TALUK.
7 K.K. JOHN
(DIED)
8 ISSAC VARGHESE
PUTHENPURAYIL HOUSE, KARIMANNOR P.O, KARIMANNOOR KARA,
KARIMANNOOR VILLAGE.
BY ADVS.SRI.S.SREEKUMAR (SR.)
SRI.P.MARTIN JOSE
SRI.P.PRIJITH
SRI.THOMAS P.KURUVILLA
R1 & R2
THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR
ADMISSION ON 14.11.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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JUDGMENT
The learned counsel representing both sides submitted that
O.S.No.29/2014 of the Sub Court, Thodupuzha, which is now
re-numbered as O.S.No.8/2018 of the First Additional District Court,
Ernakulam, is at the final stage of disposal. It is submitted that the
evidence in the said case has been completed and the final hearing
has started. In the above circumstances, there is no purpose to be
fulfilled by proceeding with this appeal filed against the interim order
passed in I.A.No.838/2017 in the said suit before the First Additional
District Court, Ernakulam. The learned counsel representing both sides
submitted that the proceedings in this appeal could be closed in the
above circumstances.
Accordingly, further proceedings in this appeal stand closed.
Sd/-
G.GIRISH, JUDGE
DST/14.11.24
//True copy//
P.A.To Judge
